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随着拉丁美洲社会经济文化水平的发展以及一体化趋势,其法制也得以呈现出现代化发展趋势并逐步一体化,以《拉丁美洲标准刑法典》为代表的刑罚规定就在很大程度上反映了这种趋势。拉美的刑罚主要包括监禁、罚金以及作为附加刑的剥夺资格三种,很少有死刑的规定,而且各国监禁的期限相对比较短暂,这反映了其轻刑化的现代刑法发展趋势。与此同时,在适用刑罚时贯彻了预防犯罪的思想,对行为人的处罚以达到预防犯罪为主要目的,不仅规定了想象竞合犯的一罪从重处罚、数罪处罚时的从重处罚原则,规定了缓刑、假释、累犯等制度,还规定了保安处分和复权等制度预防行为人的犯罪。这些刑罚适用的轻重有别制度,充分体现了罪刑相适用的现代刑法原则。此外,在量刑时表现出刑罚个别化的现代刑法趋势,甚至允许以罚金替代监禁。
With the development of socio-economic and cultural level in Latin America and its trend of integration, the legal system has also been able to show the trend of modernization and gradually integrate. The penal provisions represented by the Latin American Standard Penal Code largely reflect This trend. The main penalties in Latin America include imprisonment, fines and three types of deprivation as additional penalties, with few death sentences. The duration of imprisonment in each country is relatively short, which reflects the trend of modern criminal law of light punishment. At the same time, when applying the penalty, the ideology of crime prevention is implemented and the punishment of the perpetrator is to achieve the goal of crime prevention. It not only stipulates the heavy punishment of one crime of imagining co-opener, the principle of heavier penalty when punishing multiple crimes, Provisions of probation, parole, recidivism and other systems, but also provides for security measures and restitution and other institutions to prevent the crime of perpetrators. These penalties are applicable to different severity system, fully embodies the principle of modern criminal law suitable for crime and punishment. In addition, the tendency of modern criminal law to show the individualization of penalties at the time of sentencing, and even to allow imposition of a fine instead of imprisonment.